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Unformatted text preview: ult of the medications he must take.
There appears to be no other record evidence regarding his ability to engage in sexual
relations. McAlindin's statement is sufficient to raise a genuine issue of material fact.
Second, McAlindin stated in his declaration that he had experienced great difficulty
[**19] sleeping at night. In addition, as his doctor explained in a letter to his supervisor,
McAlindin's numerous medications disrupted his normal sleep patterns and caused him to
be drowsy at work. Although the record indicates that the sleep medication has helped
McAlindin's ability to rest at night somewhat, his declaration states that his difficulty
sleeping has persisted to some extent. This evidence raises a genuine issue of material
fact regarding McAlindin's sleeping.
Third, several of the doctors who evaluated McAlindin documented his difficulty
interacting with others. A review of the various medical evaluations indicates that,
following his panic attack in 1992, McAlindin became increasingly withdrawn and his
ability to deal with people and stress was seriously diminished. For instance, Dr.
Sandweiss concluded that McAlindin "is anxious all of the time . . . . He has a fear
reaction and feels that he has to constrict outside activities and stay away from crowds,
shopping centers and any disagreement with his wife. He's around the house most of the
time, at least 20 hours per day . . . ." (emphasis in original). Dr. Reiss likewise noted that
McAlindin was barely functional, [**20] "avoiding activities, for fear that they will
make him feel more anxious" and stated that anxiety had a paralyzing effect on him.
Consequently, "[McAlindin's] social activities are confined to his family. He is not
involved in any groups or political or religious affiliations."
These evaluations suggest that McAlindin suffers from a total inability to communicate at
times, in addition to a more subtle impairment in engaging in meaningful discussion. His
alleged "fear reaction" and "communicative paralysis" are sufficiently severe to raise a
genuine issue of [*1236]...
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- Spring '08